19910042 Ver 1_COMPLETE FILE_19910202

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State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James G. Martin, Governor
William W. Cobey, Jr., Secretary
Mr. Charlie Bridges
Philip Morris, USA
Post Office Box 1098
Concord, North Carolina
Dear Mr. Bridges:
September 10, 1991
28026
George T. Everett, Ph.D.
Director
Subject: Proposed Fill in Headwaters or Isolated Wetlands
Commercial fill
Cabarrus County
Upon review of your request for Water Quality Certification
to place fill material in 0.25 acres of wetlands for commercial
fill, we have determined that the proposed fill can be covered by
General Water Quality Certification No. 2176 issued November 4,
1987. A copy of the General Certification is attached. This
Certification may be used in qualifying for cov&age under Corps
of Engineers' Nationwide Permit No. 26.
If you have any questions, please coi?tact John Dorney
at 919/733-5083.,.
Sincerely,
Geo ge T. Everett
GTE:JD
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Regional Office
Mooresville DEM Regional Office
Mr. John Dorney
Central Files
Regional Offices
Asheville Fayetteville Mooresville Raleigh Washington Wilmington
704/251-6208 919/486-1541 704/663-1699 919/133-2314 919/'946.6481 919/395-3900
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
Winston-Salem
919V761-2351
An Equal Opportunity Affirmative Action Employer
O ??e?0 ?,1`d M N
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DIVISION E?T MANAGEMENT
August 28,
MEMORANDUM TO: John Dorney
FROM: D. Rex Gleason
PREPARED BY: Allen Hardy 0-
SUBJECT: 401 Certification Reviews
Charlie Bridges (Phillip Morris), Permit No.
91508
Cabarrus County, NC
Bill Yandell, Permit No. 91507
Mecklenburg County, NC
This Office has reviewed the
offers the following comments and
The total combined disturbed
(0.25 and 0.1) for both projects.
from either project.
It is recommended that the ri
be approved.
4
above 401 Certifications and
recommendations:
wetland area is only 0.35 acre
No major impact is expected
Bquests for 401 Certifications
WAH:se
r
PM
' PHILIP YORRIS
PHILIP MORRIS
U.S.A.13 14
P. O. BOX 1098, CONCORD, NORTH CAROLINA 28025
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September 3, 1991 z o i
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Mr. John Dorney a
Water Quality Section `?! 3
Division of Environmental Management g?IZa??
North Carolina Department of Environment,
Health, and Natural Resources
P.O. Box 29535
Raleigh, North Carolina 27626-0535
Dear Mr. Dorney:
Per instructions received from your office, I am enclosing a copy of a
letter of approval from the U.S. Army Corps of Engineers and am requesting a
Section 401 Water Quality Certification. This letter approves a creek crossing
under the Nationwide Permit program. The creek crossing is in conjunction with
the construction of new warehouses on our plant site. Also, enclosed is a copy
of a drawing showing the locations of the warehouses, the culvert, and the
existing structures. The wetlands disturbance occurs, primarily, in the creek
itself. and is less than 0.25 acres total. All work will be completed in
accordance with the list of conditions provided by the Corps.
Should you have any questions regarding this request, please contact me
at [phone] or at the address above. Thank you for your attention to
this request.
Sincerely,
Charles T. Bridges
Group Supervisor,
Technical Support
MARLBORO BENSON & HEDGES MERIT VIRGINIA SLIMS PARLIAMENT SARATOGA CAMBRIDGE ALPINE MULTIFILTER
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
Regulatory Branch
August 16, 1991
SUBJECT: Nationwide Permit Nos. 12, 26 and CESAW-C091-D-013
Mr. Charlie Bridges
Philip Morris, USA
Post Office Box 1098
Concord, North Carolina 28026
Dear Mr. Bridges:
On June 19, 1991 you met with Mr. Steven Lund of my Asheville staff
together with your engineer, Mr. Don Higgins, at the site of your proposed
warehouse expansion adjacent to a unnamed, he rs tributary to Coddle
Creek off Roberta Church Road near Concord, abarrus-County, North Carolina.
The purpose of this meeting was to determin De:artment of the Army (DA)
permit requirements for proposed road, utility line, and security fence
crossings of the creek and adjacent forested wetlands.
For the purposes of the Corps of Engineers' Regulatory Program, Title
33, Code of Federal Regulations (CFR), Part 330, published in the Federal
Register on November 13, 1986, lists nationwide permits. Authorization was
provided for discharges of dredged or fill material into non-tidal rivers,
streams, and their lakes and impoundments, including adjacent wetlands, that
are located above the headwaters and other non-tidal waters of the United
States, including adjacent wetlands, that are not a part of a surface
tributary system to interstate waters or navigable waters of the United
States. This general authorization is valid only for work that causes the
loss or substantial adverse modification of less than an acre of wetlands.
Our site inspection indicated that the proposed road crossing would affect
approximately .25 acres of wetland and creek channel.
Authorization was also provided for the discharge of material for
backfill or bedding for utility lines, including outfall and intake
structures, provided there is no change in pre-construction bottom contours
and all excess material is removed to an upland disposal area.
Your work is authorized by these nationwide permits provided it is
accomplished in strict accordance with the enclosed conditions. Please be
aware that this authorization does not relieve you of the responsibility to
obtain any required State or local approval. It is our understanding that
construction of a security fence across the creek would not require any
discharge of fill or extensive clearing and therefore would not require DA
authorization.
VF
-2-
This verification will be valid until the nationwide permit is modified,
reissued, or revoked. All the nationwide permits are scheduled to be
modified, reissued, or revoked prior to November 13, 1991. It is incumbent
upon you to remain informed of changes to the nationwide permits. We will
issue a public notice announcing the changes when they occur. Futhermore,
if you commence or are under contract to commence this activity before the
date the nationwide permit is modified or revoked, you will have 12 months
from the date of the modification or revocation to complete the activity
under the present terms and conditions of this nationwide permit.
If you have questions, please contact Mr. Lund at telephone (704)
259-0857.
Sincerely,
W ne Wrig tt
hief, Regulatory Branch
Enclosure
Copies Furnished (without enclosure):
Mr. John Parker
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of Environment,
Health, and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Don Higgins
CRS Sirrine Engineers
Post Office Box 5456
Greenville, South Carolina 29606
CONDITIONS
i
f a. Any discharge of dredged or fill material will not occur in the
proximity of a public water supply.
b. The activity will not jeopardize a threatened or endangered species
as identified under the Endangered Species Act, or destroy or adversely
modify the critical habitat of such species.
C. The activity will not significantly disrupt the movement of those
species of aquatic life indigenous to the waterbody (unless the primary
purpose of the fill is to impound water).
d. Any discharge of dredged or fill material will consist of suitable
material free from toxic pollutants.
e. Any structure'or fill will be properly maintained.
f. The activity will not occur in a component of the National Wild and
Scenic River System nor in a river offically designated by Congress as a
"study river" for possible inclusion in the system.
g. If the activity may adversely affect historic properties which the
National Park Service has listed on, or determined eligible for listing on,
the National Register of Historic Places, or if significant historic
properties are encountered before or during work, the permittee will notify
the District Engineer.
h. The following management practices will be followed to the maximum
extent practicable:
(1) Discharges of dredged or fill material into waters of the
United States will be avoided or minimized through the use of other
practical alternatives.
(2) Discharges in spawning areas during spawning seasons will be
avoided.
(3) Discharges will not restrict or impede the movement of aquatic
species indigenous to the waters or the passage of normal or expected high
flows or cause the relocation of the waters (unless the primary purpose of
the fill is to impound water).
(4) If the discharge creates an impoundment of water, adverse
impacts on the aquatic system caused by the accelerated passage of water
and/or the restriction of its flow will be minimized.
(5) Discharge in wetland areas will be avoided.
(6) Heavy equipment working in wetlands will be placed on mats.
(7) Discharges into breeding areas for migratory waterfowl will be
avoided.
(8) All temporary fills will be removed in their entirety.
IMPORTANT
To / V vke-.-
Date Time
ZILE YOU WERE uT
Mr-
of_ _ /-7
Phone / 7 `
AREA CODE NUMBER EXTENSION
TELEPHONED PLEASE CALL
CALLED TO SEE YOU WILL CALL AGAIN
WANTS TO SEE YOU URGENT
RETURNED YOUR CALL
N.C. Dept. of Environment, Health, and Natural Resources

6
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
August 16, 1991
Regulatory Branch
SUBJECT: Nationwide Permit NosC112, 26 and CESAW-C091-D-013
i
Mr. Charlie Bridges
Philip Morris, USA
Post Office Box 1098
Concord, North Carolina 28026
Dear Mr. Bridges:
On June 19, 1991 you met with Mr. Steven Lund of my Asheville staff
together with your engineer, Mr. Don Higgins, at the site of your proposed
warehouse expansion adjacent to a unnamed, headwaters tributary to Coddle
Creek off Roberta Church Road near Concord, Cabarrus County, North Carolina.
The purpose of this meeting was to determine Department of the Army (DA)
permit requirements for proposed road, utility line, and security fence
crossings of the creek and adjacent forested wetlands.
For the purposes of the Corps of Engineers' Regulatory Program, Title
33, Code of Federal Regulations (CFR), Part 330, published in the Federal
Register on November 13, 1986, lists nationwide permits. Authorization was
provided for discharges of dredged or fill material into non-tidal rivers,
streams, and their lakes and impoundments, including adjacent wetlands, that
are lccated above the headwaters and other non-tidal waters of the United
States, including adjacent wetlands, that are not a part of a surface
tributary system to interstate waters or navigable waters of the United
States. This general authorization is valid only for work that causes the
loss or substantial adverse modification of less than an acre of wetlands.
Our site inspection indicated that the proposed road crossing would affect
approximately .25 acres of wetland and creek channel.
Authorization was also provided for the discharge of material for
backfill or bedding for utility lines, including outfall and intake
structures, provided there is no change in pre-construction bottom contours
and all excess material is removed to an-upland disposal area.
Your work is authorized by these nationwide permits provided it is
accomplished in strict accordance with the enclosed conditions. Please be
aware that this authorization does not relieve you of the responsibility to
obtain any required State or local approval. It is our understanding that
construction of a security fence across the creek would not require any
discharge of fill or extensive clearing and therefore would not require DA
authorization.